Author Archives: rtushnet

Fandom documentary: coming July 9

Posted on June 23, 2015 by rtushnet

Donna Davies’ Fanarchy, a documentary for which I was interviewed on the law relating to fanworks, will be making its US television debut on EPIX, Thursday, July 9 at 8 pm ET.   Find out more: http://www.facebook.com/FanarchyFilm and @FanarchyFilm. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reading list: advertising atypical results

Posted on June 22, 2015 by rtushnet

Ahmed E. Taha, Selling the Outlier, forthcoming in the Journal of Corporation Law. Via Public Citizen.   Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used the product.  However, these … Continue reading →

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Reading list: advertising atypical results

Posted on June 22, 2015 by rtushnet

Ahmed E. Taha, Selling the Outlier, forthcoming in the Journal of Corporation Law. Via Public Citizen.   Advertisements for products ranging from weight-loss programs to mutual funds regularly feature the results of people who have used the product.  However, these … Continue reading →

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Next! Bonded leather maker loses false advertising claims against critics

Posted on June 19, 2015 by rtushnet

Design Resources, Inc. v. Leather Industries of America, — F.3d —-, 2015 WL 3775712 (4th Cir. June 18, 2015)   The Fourth Circuit affirmed the district court’s summary judgment kicking out Lanham Act (and coordinate state) false advertising claims against … Continue reading →

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Next! Bonded leather maker loses false advertising claims against critics

Posted on June 19, 2015 by rtushnet

Design Resources, Inc. v. Leather Industries of America, — F.3d —-, 2015 WL 3775712 (4th Cir. June 18, 2015)   The Fourth Circuit affirmed the district court’s summary judgment kicking out Lanham Act (and coordinate state) false advertising claims against … Continue reading →

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Thought for (pet) food: false advertising claims continue

Posted on June 19, 2015 by rtushnet

Blue Buffalo Company Ltd. v. Nestlé Purina Petcare Co., No. 15 CV 384, 2015 WL 3645262 (E.D. Mo. June 10, 2015)   Blue Buffalo sued Purina for false advertising ten of its pet food products under the Lanham Act, the … Continue reading →

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Thought for (pet) food: false advertising claims continue

Posted on June 19, 2015 by rtushnet

Blue Buffalo Company Ltd. v. Nestlé Purina Petcare Co., No. 15 CV 384, 2015 WL 3645262 (E.D. Mo. June 10, 2015)   Blue Buffalo sued Purina for false advertising ten of its pet food products under the Lanham Act, the … Continue reading →

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Court throws shade on TM claimant’s naked licensing

Posted on June 18, 2015 by rtushnet

Amscan Inc. v. Shutter Shades, Inc., No. 13-CV-1112 (S.D.N.Y. Apr. 30, 3015)   Plaintiff Party City is a party goods retailer, and plaintiff Amscan makes party goods that it distributes to many retail outlets, including Party City.  Defendant Shutter Shades … Continue reading →

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Court throws shade on TM claimant’s naked licensing

Posted on June 18, 2015 by rtushnet

Amscan Inc. v. Shutter Shades, Inc., No. 13-CV-1112 (S.D.N.Y. Apr. 30, 3015)   Plaintiff Party City is a party goods retailer, and plaintiff Amscan makes party goods that it distributes to many retail outlets, including Party City.  Defendant Shutter Shades … Continue reading →

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All that is solid melts into air: photog loses claim against Nike Jordan photo and logo

Posted on June 18, 2015 by rtushnet

Rentmeester v. Nike, Inc., No. 3:15-cv-00113 (D. Ore. Jun. 15, 2015)   Rentmeester shot a photo of then-North Carolina student Michael Jordan for a 1984 issue of LIFE magazine.  Instead of a conventional gym shot, Rentmeester photographed Jordon outdoors, “on … Continue reading →

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